5.  The applicant was born in 1963 and lives in İstanbul.
6.  At the time of the events giving rise to this application, the applicant was the owner of “Dönüşüm Publishing”, a small independent publication firm.
7.  In 1992 this firm published a book, written by Mr H.Y., entitled “The people's artist and fighter: Yılmaz Güney” (Halkın Sanatçısı, Halkın Savaşçısı: Yılmaz Güney). The book was about the life and political views of the left-wing revolutionary cinema artist Yılmaz Güney. It was reprinted in 2000.
8.  On 19 October 2000 the public prosecutor at the İstanbul State Security Court filed a bill of indictment accusing the applicant of disseminating separatist propaganda, contrary to section 8 (3) of Law no. 3713 (the Prevention of Terrorism Act).
9.  The prosecution relied on the following passages of the book:
“...Sürü (Herd)[1] depicts Kürdistan. In Yol (Road)[2] there was even a street sign showing that the film is about Kürdistan. This scene in particular was sufficient to make the Turkish fascists go mad...”
“...in the meantime the revolutionary movement evolved in the country and national conscience awakened in Northern Kürdistan...”
“...Yılmaz Güney is without a doubt a cornerstone in Turkey-Northern Kürdistan cinema...”
“...According to them it is separatism and degeneracy to defend Kurdish peoples' national and democratic rights and their independence...those who don't want to be degenerate and bloodless must lick the boots of fascism, endure pressures, turn a blind eye to human rights violations [and] applaud the oppression of the Kurdish Nation. According to us they are the real degenerates and bloodless. We shall fight and defend all national and democratic rights, including the right of the Kurdish nation to establish an independent political state...”
“...Those who introduced those prohibitions in Turkey and in Northern Kürdistan will be held accountable”.
10.  In his written submissions, dated 29 June 2001, to the State Security Court, the applicant pleaded that the book concerned the life and, in particular, the political views of a famous cinema star and that it was written by Mr H.Y. He maintained that, while he did not share the views of the author, he did not think that publishing the book would constitute an offence. He also argued that the book had been previously published without any charges being brought against him. Finally, he also pointed out, relying on the note of the Istanbul Security Directorate dated 15 November 2000, that no confiscation decision had been given against the book by the authorities.
11.  On 29 June 2001 the Istanbul State Security Court found the applicant guilty of the offence, as publisher of the book. He was sentenced to six months' imprisonment, a sentence which was then commuted to a fine of 1,764,360,000 Turkish liras[3]. In its decision, the court, relying on the passages indicated by the prosecution, noted that the book referred to a certain part of the Turkish territory as Kurdistan, and thus had disseminated propaganda against the indivisible integrity of the State.
12.  On 4 February 2002 the Court of Cassation upheld the judgment of the first-instance court.
13.  The applicant paid the fine on 11 July 2003.
14.  By an additional judgment (ek karar) dated 7 October 2003, the Istanbul State Security Court, taking into account that Article 8 of Law no. 3713 was abolished pursuant to Law no. 4928, acquitted the applicant and nullified his conviction together with all its consequences. This judgment became final on 15 October 2003.
15.  In their observations the Government submitted that the applicant had not yet applied to the court in order to be reimbursed.